COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Belgium Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Belgium, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 501 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report        Country Chapter on the rule of law situation in Belgium Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report          The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 507 final} - {SWD(2022) 508 final} - {SWD(2022) 509 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 516 final} - {SWD(2022) 517 final} - {SWD(2022) 518 final} - {SWD(2022) 519 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 525 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

Concrete  and  comprehensive  initiatives  are  ongoing  to  increase  significantly  the  level  of 
digitalisation of the Belgian justice system by 2026. Further steps are being taken towards the 
transfer of judicial management powers from the executive to the judiciary. The High Council 
for  Justice  continues  its  efforts  to  improve  the  independence,  quality,  and  efficiency  of  the 
justice system, in particular by conducting audits and issuing opinions on draft legislation. The 
lack of human and financial resources remains a challenge for the justice system, but significant 
investments and initiatives aim to  address this. A persistent lack of court data still hampers 
progress on the efficiency of justice, but initiatives are ongoing to remedy this issue. While 
additional human resources are being granted to  help address backlogs, particularly lengthy 
delays reported in certain courts remain a source of concern.  

Although  aspects  related  to  corruption  are  included  in  the  national  security  strategy  and 
different  action  plans,  as  well  as  multiple  coordination  platforms,  Belgium  has  no  specific 
overarching anti-corruption strategy. The situation at the Central Office for the Repression of 
Corruption has improved, including in terms of results in high-level corruption cases, however, 
its  resources  continue  to  be  overall  limited.  Generally,  there  is  good  compliance  with  the 
requirement to declare assets and mandates, however, the verification and transparency of such 
declarations remains an issue of concern. The system to report potential foreign bribery cases 
is  in  place  but  obstacles  to  the  successful  prosecution  of  such  cases  include  the  statute  of 
limitations, a lack of prioritisation of cases, and difficulties to obtain evidence. Mainstreaming 
integrity rules in the police is a challenge, with each police zone having its own rules. A broad 
integrity policy for Ministers, their  Cabinets and as well as members of Parliament remains 
lacking and existing codes of conduct continue to have gaps. There are no clear and consistent 
rules in place on how to deal with gifts and benefits for Parliament and Government. Initial 
steps  were  taken  towards  a  reform  of  the  legislative  framework  regarding  lobbying,  and  a 
reform of the legislation on whistleblowing is ongoing. Gaps continue to exist in the rules on 
revolving doors, in particular relating to their scope and to a lack of transitory measures. 

A  robust  legal  framework  and  independent  media  regulators  continue  to  ensure  media 
pluralism.  Specific  safeguards  for  the  governance  and  the  operational  and  editorial 
independence  of  the  public  service  broadcasters  guarantee  their  autonomy  and  impartiality. 
The media markets  of the three linguistic Communities remain highly concentrated. Recent 
legislation introducing new refusal grounds, and delays in treating public document requests 
might affect the right to access public documents. Cases of physical or verbal abuse as well as 
online and offline threats are an increasing source of concern for journalists. While there are 
sporadic  reports  about  police  officers  seizing  and  erasing  journalistic  material,  recent 
jurisprudence  has  brought  clarity  about  the  possibility  for  journalists  to  film  police 
interventions and courts enforce robust legal safeguards. 

The Council of State and the Constitutional Court, as well as other independent institutions 
with an important role in the system of checks and balances, face some challenges regarding 
resources, but certain steps are being taken to address this. The pandemic law that provided a 
new legal basis for pandemic emergency measures was deactivated in March 2022, and the 
Constitutional Court will rule on its constitutionality. Civil society is being regularly involved 
in  Government  initiatives,  but  a  certain  narrowing  of  the  civil  society  landscape  has  been 
reported. A citizen consultation process was held on the preparation of a future State reform.  

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RECOMMENDATIONS 

In addition  to  recalling  the commitments made under the national  Recovery and Resilience 
Plan relating to certain aspects of the justice system, it is recommended to Belgium to:  

  Continue  measures  to  provide  adequate  human  and  financial  resources  for  the  justice 
system  as  a  whole,  taking  into  account  European  standards  on  resources  for  the  justice 
system. 

  Complete  the  legislative  reform  on  lobbying,  establishing  a  framework  including  a 
transparency register and a legislative footprint, covering both members of Parliament and 
Government. 

  Strengthen the integrity framework, including by adopting a Code of Conduct covering all 
members  of  ministerial  private  offices,  rules  on  gifts  and  benefits  for  members  of 
Parliament and Government and rules on revolving doors for government and their private 
offices. 

  Strengthen  the  framework  for  access  to  official  documents,  in  particular  by  improving 
request  and  appeal  processes  and  by  limiting  the  grounds  for  rejection  of  disclosure 
requests, taking into account European standards on access to official documents. 

2 

 
I. 

JUSTICE SYSTEM  

The  justice  system  includes  13  first-instance  courts  of  general  jurisdiction1,  a  number  of 
specialised  first  instance  courts2,  five  appeal  courts,  a  Supreme  Court3  and  a  Constitutional 
Court. The judicial branch of the Council of State4 acts as the highest administrative court. A 
non-permanent court of assizes hears the most serious criminal cases5. The Constitutional Court 
is exclusively competent to scrutinise the constitutionality of legislation. Most competences 
related to justice are federal6. The independence of the judiciary and of the prosecution service 
is  enshrined  in  the  Constitution7.  An  independent  High  Council  for  Justice8  is  tasked  with 
recruitment  for  the  judiciary  and  with  fostering  the  quality  of  justice  through  control 
mechanisms  such  as  audits,  as  well  as  by  giving  advice  on  justice-related  matters  to  the 
Government and to Parliament, both on request and on its own initiative. Candidate judges are 
selected by the High Council for Justice, and are appointed for life by the King on the proposal 
of  the  Minister  of  Justice9.  The  College  of  Courts  and  Tribunals,  which  consists  of  court 
presidents elected by their peers, is responsible for the general functioning of the courts. The 
Flemish  Bar  Association  and  the  French-  and  German-speaking  Bar  Association  represent 
lawyers  from  different  parts  of  the  country.  Belgium  participates  in  the  European  Public 
Prosecutor’s Office (EPPO). 

Independence  

The level of perceived judicial independence in Belgium continues to be high among the 
general public and is now high among companies. Overall, 60% of the general population 
and 63% of companies perceive the level of independence of courts and judges to be ‘fairly or 
very  good’  in  202210.  According  to  data  in  the  2022  EU  Justice  Scoreboard,  the  perceived 
judicial independence among the general public has decreased in comparison with 2021 (66%), 
inverting a previously increasing trend. However, the perceived judicial independence among 
companies has increased compared to 2021 (58%) and 2016 (54%).  

New rules regarding delegation of judges are under preparation, and the High Council 
for Justice is taking steps to further strengthen the independence and accountability of 
justice. The Government is preparing new rules on the possibility of delegating judges, which 

1  These courts also hear appeal cases against decisions by the justices of the peace and by the police courts. 
2 

Including 162 justices of the peace, 15 police courts, 9 commercial courts, 9 labour courts and 5 administrative 
courts. 

3  The Court of Cassation reviews decisions of lower courts on points of law in cassation proceedings. 
4  The  Council  of  State  also  has  an  advisory  branch,  which  renders  opinions  on  legislative  and  regulatory 

proposals. 
It is composed of 3 judges and a jury of 12 citizens. 

5 
6  There exists a number of specialised Flemish administrative courts. 
7  Art. 151 of the Constitution. 
8  The High Council for Justice comprises 22 members of the judiciary, 8 lawyers, 6 professors and 8 members 

from civil society. Half of its members are French-speaking and half are Dutch-speaking. 

9  The executive can only refuse to appoint the candidate nominated by the High Council for Justice on explicit 
grounds (for example an irregularity) and cannot decide to appoint a different candidate. Instead, the executive 
must refer the appointment  file back to the High  Council  and ask  for a  new proposal. The decision of the 
executive not to appoint a candidate judge can be challenged before the Council of State. The unlawfulness of 
the proposal of the High Council can also be involved in the context of such legal action. Figures 61 and 62, 
2018 EU Justice Scoreboard.  

10  Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).  

3 

 
                                                 
would require an agreement between the two court presidents involved for such a delegation11. 
The objective of these new rules is to further limit the role of the Minister of Justice, who would 
no longer be competent to decide on such a delegation12. Both under current and future rules, 
the consent of the judge or prosecutor would always be required for such a delegation13, which 
is consistent with Council of Europe Recommendations14. The rules will be submitted to the 
Council of State for an advice. In addition, the High Council had issued an advisory opinion 
on an earlier draft of these proposed amendments. The High Council advised that the grounds 
for delegation should be clearly  defined in the new rules, and that they should be expressly 
stated  in  writing  in  the  delegation  decision,  together  with  the  formal  agreement  of  the 
magistrate in question. The High Council for Justice has more generally continued its efforts 
to  improve  safeguards  for  judicial  independence,  including  by  drawing  up  reports  on 
disciplinary procedures conducted regarding judges and prosecutors and on initiatives taken 
concerning the compliance with general ethical principles applicable to them15. Following the 
introduction of standard forms for reporting on disciplinary action, the first consolidated report 
will be prepared by the High Council for Justice in the course of 202216. 

Investigations into alleged breaches of legal professional privilege are ongoing. In the 2021 
Rule of Law Report it was reported that meetings between suspects in criminal proceedings 
and their lawyers in a police station had potentially been recorded, triggering criticism on the 
respect  for legal  professional  privilege17. Criminal  investigations by the prosecution service 
and the Committee P18 into this matter are still ongoing19. Since the 2021 Rule of Law Report, 
no new cases have been reported by lawyers20. 

Quality  

The lack of human and financial resources remains a challenge for the justice system, but 
significant investments and initiatives aim to address this. As noted in the 2020 and 2021 
Rule  of  Law  Reports,  a  lack  of  human  and  financial  resources  remains  a  challenge  for  the 
justice system21, and a wide-ranging audit by the High Council for Justice concluded that the 
courts of first instance and prosecutors’ offices lacked resources and capacity to deal with the 

11   In the absence of such an agreement, the College of Courts and Tribunals would decide. 
12   With the exception of delegations to the Court of Cassation and concerning delegations outside the judicial 

order. 

13   Written contribution from the High Council for Justice in the context of the country visit. The only exception 
that exists regards justices of the peace in the Brussels district, who can be tasked to also sit on the bench of 
other peace courts in the same district.  

14   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 52. 
15  See also GRECO Fourth Evaluation Round – Second Compliance Report. 
16  Input from Belgium for the 2022 Rule of Law Report, p. 2. 
17  2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 3. 
18  The ‘Committee P’ is the external independent oversight body of the police forces.  
19  2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 3.  
20   Information received from the Bar Associations in the context of the country visit to Belgium. 
21  According to Council of Europe recommendations, each state should allocate adequate resources, facilities 
and equipment to the courts to enable them to function in accordance with the standards laid down in Article 
6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and to enable judges to 
work  efficiently,  see  Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of 
Europe, para 33. See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, 
p. 4 and 2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 4. See also 
Constitutional Court, Court of Cassation and Council of State (2019), Joint Memorandum. 

4 

 
                                                 
challenges  posed  by  the  COVID-19  pandemic22.  The  Government  has  allotted  substantial 
additional  financing  to  address  these  issues23,  of  which  EUR  55,8  million24  are  devoted  to 
recruiting 131 additional magistrates and 803 additional court staff by the end of 202225. Filling 
vacancies remains a challenge, however, and initiatives are ongoing to attract more candidates 
to a career within the justice system26. The College of Courts and Tribunals continues its efforts 
to develop a reliable workload measurement tool, which would serve to optimise the allocation 
of resources between courts and allow for the further transfer of management powers to the 
judiciary27.  The  objective  is  to  formalise  the  next  steps  in  the  process  towards  autonomous 
management in legislation by 202328.  

Steps are being taken to further improve the quality of the justice system. Following the 
development  of  standard  forms  by  the  High  Council  for  Justice  for  annual  reporting  of  the 
courts and the prosecution service29, the adaptation of the form is to be formalised by regulation 
in the course of 2022 for future use by the courts and prosecution service30. The reform of the 
complaint  procedure  on  the  functioning  of  justice  is  also  gradually  progressing,  with  an 
agreement having been reached on a single entry point where citizens can file their complaints. 
The income threshold for eligibility for full legal aid for a single person without dependents 
was raised to EUR 1 326 net monthly income in 2021, and will gradually increase to EUR 1 
526  by  1  September  2023,  improving  citizens’  access  to  justice31.  Furthermore,  legislation 
provides  that  the  General  Procurator  at  the  Supreme  Court  and  the  College  of  Public 
Prosecutors  file  an  inventory  of  laws  in  force  that  present  application  or  interpretation 
difficulties to the courts on a yearly basis32. This provides the judiciary with an opportunity to 
flag such issues to the legislature, although it is reported that the proposals made are rarely 
taken into consideration nor followed up33. As regards the recommendations made by the High 
Council for Justice in its investigation report into the ongoing judicial investigation of the death 

22  See also High Council for Justice (2021), ‘The COVID-19 crisis: Impact on litigants and the approach of the 
judiciary’, which concluded that the courts and prosecution service lacked resources to properly deal with the 
challenges brought by the COVID-19 pandemic.  

23  An  extra  EUR  500  million  is  foreseen  by  2024.  The  Council  of  State  has  also  received  certain  additional 

funding.  

24  Input from Belgium for the 2022 Rule of Law Report, p. 4.  
25  The appeal brought by the Government against the judgment of the Brussels French-speaking first instance 
court of 13 March 2020, which condemned the State for not providing the judiciary with the human resources 
required by law, is currently still pending. See also Rule of Law Report 2021, Country Chapter on the rule of 
law situation in Belgium, p. 4 and Rule of Law Report 2020, Country Chapter on the rule of law situation in 
Belgium p. 4. Following a critical call from the College of Courts and Tribunals in May 2022, the Government 
has also agreed to allocate additional financing for recruitments to replace outgoing magistrates and court staff. 
26  The High Council for Justice organises training weeks to raise awareness among law students of a career in 
the judiciary. The Ministry of Justice and the College of Courts and Tribunals are also organising awareness 
campaigns to attract more candidates to a career in the justice system.  

27  The process was set in motion in 2014. See also 2021 Rule of Law Report, Country Chapter on the rule of law 

situation in Belgium, p. 4.  

28  Information received from the College of Courts and Tribunals in the context of the country visit to Belgium. 
29  As recommended by GRECO, see GRECO Fourth Evaluation Round – Evaluation Report, recommendation 
xiv. The standard forms concern the reporting by the courts and the prosecution service on their annual activity 
and functioning.  

30  GRECO had evaluated the recommendation as being only partly implemented until such regulation would be 
adopted. See GRECO Fourth Evaluation Round – Second Compliance Report, p. 10. The standard forms will 
be used in the preparation of the activity reports for the year 2021.  

31  Partial legal aid is granted to citizens up to a higher income grade. Input from Belgium for the 2022 Rule of 

Law Report, pp. 3-4. 

32   Act of 25 April 2007 establishing a Parliamentary Committee in charge of the evaluation of laws. 
33   Information received in the context of the country visit to Belgium. 

5 

 
                                                 
of Jozef Chovanec34, the High Council is expected to conduct further investigations once the 
judicial investigations will be concluded. Furthermore, the Committee P has made a number of 
recommendations regarding the functioning of the airport police35, and is currently examining 
the  results  of  the  self-evaluation  conducted  by  the  federal  police  in  light  of  these 
recommendations36. 

Concrete and comprehensive initiatives are ongoing to improve the digitalisation of the 
justice system. Investments are ongoing to increase the level of digitalisation of the justice 
system for the period 2021-202637. By 2026, these initiatives should result in the introduction 
of  a  single  online  justice  portal  for  citizens  and  businesses,  establishing  a  single  case 
management  system  for  the  courts,  facilitating  the  digital  submission  of  cases  and  file 
consultation,  publishing  the  majority  of  all  case  law  online,  and  allowing  for  resource 
management  based  on  real-time  data38.  The  completion  of  these  measures  aims  to  bring 
significant improvements for the digitalisation of the justice system, although administrative 
justice is not included in their scope39. As regards the judicial branch of the Council of State, 
80%  of  pending  cases  are  now  treated  (partially)  digitally  and  the  tool  for  digital  filing  of 
litigation documents is being modernised40. At the Flemish administrative courts, initiatives 
continue on developing a digital case file and to further facilitate electronic communication 
between the courts and parties to a case41. 

Efficiency 

A  full  overview  of  the  efficiency  of  the  justice  system  remains  unavailable  due  to  a 
persistent lack  of data, but steps are being taken to address this issue.  Significant  gaps 
remain in the availability of data on court proceedings42. The Council of Europe’s Committee 
of Ministers continues its enhanced supervision of Belgium regarding the excessive length of 
proceedings in civil cases at first instance, and has expressed deep concerns at the persistent 
lack of comprehensive statistical data on the first-instance civil tribunals43. To address these 
issues, initiatives are ongoing to achieve the gathering of consistent, reliable, and uniform court 
data on the functioning of the justice system44. The currently limited available data show that 
the rate of resolving first-instance civil  and commercial cases  has dropped below 100%  for 

34  See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 4.  
35  Committee P, Leadership and integrity in the airport police forces.  
36   Information received from Committee P in the context of the country visit to Belgium. 
37  Including through funding under the Belgian Recovery and Resilience Plan. 
38  The different steps will be completed gradually from 2021 until the end of 2025. Since June 2022, victims, 
surviving family members, and their lawyers can consult their case file online via the ‘Just-on-web’ portal for 
a number of cases,  which  will further increase over the  coming  years. For  more detail,  see Council of the 
European Union (2021), Annex to the Council Implementing Decision on the approval of the assessment of 
the recovery and resilience plan for Belgium, milestones 56-60.  

39  For more detail, see Council of the European Union (2021), Annex to the Council Implementing Decision on 

the approval of the assessment of the recovery and resilience plan for Belgium, milestones 56-60.  

40  Digitalisation efforts are also  made  for the advisory branch of the Council of State,  where requests  for an 

advice of the Council of State are made digitally.  

41   Information received from the Service of the Administrative Law Courts in the context of the country visit to 

Belgium. 

42  Figures 6, 7, 14, and 15, 2022 EU Justice Scoreboard. See also 2021 Rule of Law Report, Country Chapter on 
the rule of law situation in Belgium, p. 5 and 2020 Rule of Law Report, Country Chapter on the rule of law 
situation in Belgium, p. 5. 

43  Interim Resolution CM/ResDH(2021)103 of the Committee of Ministers of 9 June 2021. See also 2021 Rule 

of Law Report, Country Chapter on the rule of law situation in Belgium, p. 5. 

44  Including through funding under the Belgian Recovery and Resilience Plan. 

6 

 
                                                 
202045,  but  remained  above  100%  for  administrative  cases46.  Furthermore,  the  overall 
clearance  rate  of  cases  before  the  Supreme  Court  was  above  100%  for  202147.  Particularly 
lengthy delays are reported in certain courts including the Brussels appeal court48, and the High 
Council  for  Justice  is  carrying  out  an  extensive  audit  into  its  functioning.  Against  this 
background, additional human resources will be granted on the short term to certain courts with 
significant backlogs.49 For the longer term, the College of Courts and Tribunals has been tasked 
with mapping judicial backlogs across courts and assisting their management in developing 
action plans to improve the situation. As regards administrative justice, the judicial branch of 
the Council of State continues to face certain backlogs due to a lack of resources, but efforts to 
ensure the efficiency of justice continue to be made50. The Flemish administrative courts also 
continue  to  further  improve  the  efficiency  of  administrative  justice,  reporting  a  positive 
clearance  rate  over  the  past  years,  aiming  at  further  decreasing  the  average  length  of 
proceedings over the next years51. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The competence to investigate and prosecute corruption is shared between several authorities. 
The Central Office for the Repression of Corruption (CDBC-OCRC) remains the specialised 
central  service  within  the  federal  police  with  competences  to  investigate  and  support  the 
investigation of serious corruption offences. The ‘Committee P’ is the external independent 
oversight body of the police forces responsible for monitoring compliance with integrity rules. 
The  Court  of  Audit  exercises  external  scrutiny  of  the  budgetary,  accounting  and  financial 
operations of the federal state, whilst the Interfederal Corps of the Inspectorate of Finance is a 
public  service  performing  controls  related  to  the  legality,  feasibility  and  appropriateness  of 
public expenditure. The Unit for Integrity and Culture within the Federal Public Service for 
Policy  and  Support  (FOD  BOSA)  continues  to  develop  rules  on  integrity  for  federal  civil 
servants  and  assists  federal  administrations  to  put  in  place  integrity  measures.  The  Federal 
Deontological  Commission  serves  as  an  advisory  commission  on  ethics  to  the  Parliament. 
Other preventive systems and institutions exist at regional level.  

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low.  In  the  2021  Corruption  Perceptions  Index  by 
Transparency International, Belgium scores 73/100 and ranks 7th in the European Union and 

45  Figure 12, 2022 EU Justice Scoreboard.  
46  Even if it declined somewhat compared to 2019, see figure 13, 2022 EU Justice Scoreboard.  
47   Information received from the Supreme Court in the context of the country visit to Belgium. 
48  Input from Belgium for the 2022 Rule of Law Report. Information received from the Bar Associations in the 
context of the country visit to Belgium revealed that in certain cases, delays appear longer than five years.  
49  Input from Belgium for the 2022 Rule of Law Report. The reinforcements consist of 14 magistrates and 30 

full-time equivalents of court staff.  

50  The amount of pending cases increased in 2020, see Council of State, Activity Report 2019-2020, p. 15. See 

also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 5.  

51  Service  of  the  Administrative  Law  Courts  (2020),  Annual  Report  2019-2020.  A  number  of  specialised 
administrative courts for Flanders have jurisdiction to rule on certain cases. They are supported by the Service 
of the Administrative Law Courts.  

7 

 
                                                 
18th globally52. This perception has been relatively stable53 over the past five years. The 2022 
Special  Eurobarometer  on  Corruption  shows  that  56%  of  respondents  consider  corruption 
widespread in their country (EU average 68%) and 16% of respondents feel personally affected 
by  corruption  in  their  daily  lives  (EU  average  24%)54.  As  regards  businesses,  57%  of 
companies consider that corruption is widespread (EU average 63%) and 33% consider that 
that corruption is a problem when doing business (EU average 34%)55. Furthermore, 40% of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices  (EU  average  34%)56,  while  29%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 29%)57. 

While aspects related to corruption are included in the National Security Strategy and 
different action plans, there is no specific overarching or comprehensive anti-corruption 
strategic  framework  or  action  plan58.  Parts  of  anti-corruption  policy  are  dealt  with  in 
different thematic policy documents. Aspects of fraud are dealt with in the National Security 
Plan 2022-2025, including both “social fraud” as well as “fiscal fraud and other financial and 
economic phenomenons” as priorities for the police59. In addition, the Ministry of Finance and 
the College for the Fight against Social and Fiscal Fraud adopted the 2021 Action Plan for the 
Fight  against  Social  and  Fiscal  fraud,  with  concrete  actions  for  further  cooperation  among 
Government  services  to  fight  such  fraud60.  There  are  several  networks  and  cooperation 
platforms at federal level that deal with coordination of some aspects of anti-corruption policy, 
although no body was identified that coordinates anti-corruption policy as a whole. However, 
there  is  a  lack  of  an  overarching  anti-corruption  strategic  framework  or  action  plan61.  The 
Ministry of  Foreign Affairs is  responsible for the exchange with  international  bodies in  the 
field  of  anti-corruption  through  a  formal  platform  (CoorMulti)  involving  other  federal 
ministries and the regions. An informal platform of the Ministry of Justice (PACORR) further 
coordinates responses to international recommendations in the anti-corruption area62.  

52   Transparency  International  (2022),  Corruption  Perceptions  Index  2021,  pp.  2-3.  The  level  of  perceived 
corruption  is  categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public 
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50). 

53   In 2017 the score was 75, while, in 2021, the score is 73. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

54   Special Eurobarometer 523 on corruption (2022). The Eurobarometer data on citizens’ corruption perception 
and  experience  is  updated  every  second  year.  The  previous  data  set  is  the  Special  Eurobarometer  502  on 
corruption (2020). 

55   Flash Eurobarometer 507 on businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer 
data on business’ attitudes towards corruption as is updated every second year. The previous data set is the 
Flash Eurobarometer 482 on business’ attitudes towards corruption (2019). 

56   Special Eurobarometer 523 on corruption (2022). 
57   Flash Eurobarometer 507 on businesses’ attitudes towards corruption in the EU (2022). 
58   2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 7 and 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Belgium, p. 6. 

59   Federal Ministerial Council, Framework Note on National Security Plan and Federal Police, An integrated 

police who renews, improves and anchors its approach against insecurity. 

60   SIOD, Action Plan fight against Social Fraud 2021 and Minister of Finance, Minister Van Peteghem launches 

action plan in the fight against fiscal and social fraud.  

61   2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 7 and 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Belgium, p. 6. 

62   Information received from the Ministry of Justice and the Ministry of Foreign Affairs in the context of the 
country  visit  to  Belgium  and  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Belgium, p. 6-7. 

8 

 
                                                 
Despite  a  significant  improvement  over  the  past  years,  the  Central  Office  for  the 
Repression of Corruption (CDBC-OCRC) within the police continues to tackle high-level 
corruption cases with overall limited resources. The budgetary situation of the Office, which 
was  described  as  particularly  problematic  in  an  internal  2018  report  and  by  GRECO63,  has 
significantly improved over the past years64. Despite these improvements, its resources remain 
limited  overall.  Nevertheless,  the  CDBC-OCRC  manages  to  achieve  results  in  high-level 
corruption cases and initiates investigations ex officio65. Stakeholders signal good results of 
the  CDBC-OCRC  in  the  context  of  recent  investigations,  in  particular  those  relating  to 
corruption  concerning  public  officials  through  the  influence  of  organised  crime66.  Limited 
resources in parts of the federal police also affect corruption-related cases, with the Federal 
Judicial Police dropping investigations in some fraud cases in the Brussels-Capital region67 and 
the  chief  of  the  Federal  Police  highlighting  issues  in  dealing  with  all  corruption  cases 
uncovered through the SkyECC investigation68. 

While  the  system  for  reporting  foreign  bribery  cases  is  in  place,  shortcomings  remain 
particularly as regards the statute of limitations, gathering evidence, and prioritisation 
of such cases. As indicated in the 2021 Rule of Law Report, the implementation of some OECD 
recommendations, in particular on investigations and prosecution of foreign bribery cases, has 
not been finalised, including as regards the limitation period of investigations69. Investigations 
and prosecutions of foreign bribery cases continue to be difficult given the complex operations 
in third countries and the overall limited resources of the CDBC-OCRC70. This exacerbates 
difficulties in gathering evidence, including the execution of mutual legal assistance requests. 
The prosecution has reported seven cases of foreign bribery registered from 2019 to 202171. 
Stakeholders signal progress in advancing a number of these cases72. 

Out-of-court settlements are positively regarded by law enforcement and regularly used 
to  obtain  results  in  high  profile  corruption  cases.  The  legislation  on  out-of-court 
settlements73 foresees the possibility for a deal between the prosecution and the accused person 

63   The 2018 report by a federal magistrate is not public but was widely reported on in the media. See for example 
De Standaard (2019), ‘Understaffed and no leadership: fight against corruption is swaying tanker’. See also 
GRECO, Fifth Evaluation Round – Evaluation Report, Belgium, paras 140-142 and 2020 Rule of Law Report, 
Country Chapter on the rule of law situation in Belgium, p. 6. 

64   Information received from the CDBC-OCRC in the context of the country visit to Belgium, 2020 Rule of Law 
Report, Country Chapter on the rule of law situation in Belgium, p. 6 and Federal Police, Annual Report 2020. 
65   Information received  from the CDBC-OCRC and Transparency International in the context of the country 

visit. 

66   In  particular  the  results  as  regards  the  SkyECC/Encrochat  investigation  (for  more  information  see  VRT 
NEWS, 1 year SkyECC). See written contribution from the Public Prosecution Office  in the context of the 
country visit; De Standaard (2022), “‘The money is gone. Too many budget cuts’ Cry for help from chief of 
Federal Police”. 

67   Het Nieuwsblad (2022), ‘Justice system in Brussels leaves aside one in five fraud files: “By necessity”’. 
68   De Standaard (2022), ‘“The money is gone. Too many budget cuts” Cry for help from chief of Federal Police’ 
and Federal House of Representatives (2022), Joint Session of Committee on Interior and Justice, Hearing on 
the Situation of the Federal Judicial Police. 

69   OECD (2018), Phase 3 evaluation of Belgium: additional written report; 2021 Rule of Law Report, Country 

Chapter on the rule of law situation in Belgium, p.7. 

70   GRECO, Fifth Evaluation Round – Evaluation Report, Belgium (2020), paras 141-142. 
71   Two in 2019; two in 2020; three in 2021. Written contribution from the Prosecution Service in the context of 

the country visit. 

72   Information received from Transparency International in the context of the country visit.  
73   Also  known  as  ‘Wet  op  verruimde  minnelijke  schikking  /  Loi  sur  la  transaction  penale’,  the  provisions  in 
question are anchored in art. 216bis of the Code of Criminal Procedure. The system has been under increased 

9 

 
                                                 
to drop proceedings without a guilty plea74. According to the prosecution, nine such settlements 
were registered in cases of corruption over the past three years75. Law enforcement officials 
note the positive effect of such settlements, which allow for faster results both in terms of fines 
issued and the time needed to conclude a case in high-profile corruption cases76. However, the 
Minister  of  Justice  has  indicated  that  caution  remains  necessary  and  that  such  settlements, 
while being a useful additional tool, should not replace the more traditional way of working77. 
The College of Public Prosecutors is conducting an evaluation of the current rules78.  

While  mainstreaming  of  the  integrity  policy  within  the  integrated  police  forces  is  a 
challenge, a number of initiatives to address this issue are ongoing. Discussions are taking 
place with a view to updating the integrated police’s Code of Conduct, in line with GRECO 
recommendations, but no concrete timeline is foreseen yet79. Separately, the Federal Police has 
adopted  an  overall  integrity  policy  in  order  to  mainstream  further  measures  across  the 
organisation80  and  has  increased  the  staffing  of  its  integrity  department81.  Mainstreaming 
integrity policy across the entire police force remains a challenge, given that all 185 local police 
zones  maintain  their  own  integrity  policy82.  A  full  evaluation  of  the  entire  police  has  been 
launched in May 2021 and will inform concrete policy proposals by 2023 to further modernise 
the police, including as regards integrity83. In parallel, following commitment of the Minister 
of  the  Interior84  as  well  as  recent  investigations  highlighting  some  corruption  cases  in  the 
police85, a working group is examining ways to introduce integrity screening during the entire 
career of the police officer and not just at the start. To achieve this, the police indicated that 
they are working to further revise the police guidelines and to set up a new IT system for that 
purpose. A pilot project on this topic is also foreseen86. Separately, a proposal introducing an 
integrity check at the moment of promotion of the police officer is pending in the Parliament 
since September 202087. The Customs and Excises service within the Ministry of Finance has 

judicial control since the reform of March 2018. See also Eubelius (2018), ‘New legal framework on out of 
court settlements’. 

74   Law of 18 March 2018 on Diverse changes to the Criminal Code, Criminal Procedure Code and Judicial Law 
and Het Laatste Nieuws, ‘Out-of-court settlements brought nearly 1 billion euro into treasury since 2011’. 
75   Zero in 2019, seven in 2020 and two in 2021. See written contribution from the Prosecution Service in the 

context of the country visit.  

76   Information received from the CDBC-OCRC in the context of the country visit to Belgium. 
77   Van  Besien,  D.  (Federal  MP),  Plenary  question  on  the  Penal  Transaction  Law  to  the  Minister  of  Justice  - 

"Penal Transaction Law leads to double standards".  

78   Van  Besien,  D.  (Federal  MP),  Plenary  question  on  the  Penal  Transaction  Law  to  the  Minister  of  Justice  - 

"Penal Transaction Law leads to double standards".  

79   Information  received  from  the  police  and  Committee  P  in  the  context  of  the  country  visit  to  Belgium  and 

GRECO, Fifth Evaluation Round – Compliance Report, Belgium, recommendation xvi, paras 75-81. 

80   Information  received  from  the  police  and  Committee  P  in  the  context  of  the  country  visit  to  Belgium  and 

Federal Police, Permanent Note, ‘Integrity Policy in the Federal Police’. 

81   GRECO, Fifth Evaluation Round – Compliance Report, Belgium, recommendation xvii, paras 82-87. 
82   Information received from the police in the context of the country visit. For a recent example of the various 
integrity policies at play, see Committee P, Investigation Report on potential integrity violations at the Airport 
Police, pp. 13-16. 

83   Ministry  of  the  Interior,  Staten-Generaal/Etats-Generaux  of  the  Police  and  information  received  from  the 

Ministry of the Interior and the Police in the context of the country visit to Belgium.  
84   2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 7. 
85   Written contribution from the Prosecution Service in the context of the country visit. 
86   Information  received  from  the  police  and  Committee  P  in  the  context  of  the  country  visit  to  Belgium  and 

GRECO, Fifth Evaluation Round – Compliance Report, Belgium, recommendation xviii, par 88-93. 

87   Information  received  from  the  police  and  Committee  P  in  the  context  of  the  country  visit  to  Belgium  and 
Federal House of Representatives (2020), Legislative proposal 55-1497/001 on the review of some elements 
of the statute of police services to introduce an institutionalised integrity check at the moment of promotion.  

10 

 
                                                 
also adopted a specific action plan to increase awareness of corruption and improve integrity 
across the administration, including training of specific techniques to deal with approaches of 
criminal organisations88.  

While an overall Code of Conduct is in place for federal public office holders, integrity 
policy for Ministers, their Cabinets as well as members of Parliament continues to have 
gaps. Discussions on the general implementation of GRECO recommendations in this area (a 
significant  number  of  which  remain  largely  unimplemented89)  and  on  the  advancement  of 
integrity policy are ongoing both  within the Government  and the Parliament. While limited 
progress has been achieved to date, ministers involved are expected to come forward with ‘a 
coordinated  initiative’  during  202290.  Ministers  and  members  of  their  cabinets  continue  to 
remain mostly out of the scope of existing rules91. The Code of Conduct for (federal) public 
office  holders  continues  to  only  apply  to  chiefs  and  deputy  chiefs  of  ministerial  cabinets. 
However, the Government has committed to extend the existing scope of this Code of Conduct 
to all cabinet members but the exact timing of this step remains to be defined92. A ministerial 
letter93 on ethical standards for officials of the federal administrative public services remains 
applicable to all civil servants, with the Unit for Integrity and Culture within the Federal Public 
Service Policy and Support carrying the overall responsibility for the integrity management of 
federal civil servants94. As a priority for the Minister of Public Administration, work is ongoing 
on improving the overall federal integrity  policy (focusing on the civil service), possibly to 
include a sanctioning mechanism95. The Federal Deontological Commission has indicated it 
would prepare an opinion concerning the accumulation of functions in the public sector96. 

88   Written contribution from the Ministry of Finance in the context of the country visit. 
89   GRECO, Fifth Evaluation Round – Compliance Report, Belgium, paras 115-120. 
90   GRECO, Fifth Evaluation Round – Compliance Report, Belgium,  paras 115-120 and information received 
from the Prime Minister’s Office and the Federal Deontological Commission in the context of the country visit 
to  Belgium.  See  also  Federal  House  of  Representatives  (2022),  Commission  on  the  Constitution  and 
Institutional Renewal, p. 7.  

91   GRECO, Fifth Evaluation Round – Evaluation Report, Belgium, paras 37-40 and GRECO, Fifth Evaluation 
Round – Compliance Report, Belgium, recommendation iii, paras 18-24. See also 2021 Rule of Law Report, 
Country Chapter on the rule of law situation in Belgium, pp. 6-7. 

92   Some limited progress was made, including the publication of names and positions of members of ministerial 
private offices on an internet portal. Staff in the Cabinets of Ministers and Secretaries of State can participate 
in  integrity  workshops,  although  they  remain  organised  on  an  ad  hoc  basis  contrary  to  GRECO 
recommendations.  See  Belgian  Federal  Government,  Policy  Note  on  Institutional  reforms  and  democratic 
renewal, p. 8-9; Input from Belgium for the 2022 Rule of Law Report, p. 9; GRECO, Fifth Evaluation Round 
– Compliance Report, Belgium, para 117 and information received from the Unit for Integrity and Culture in 
the context of the country visit to Belgium. 

93   See  Circulaire  /  Omzendbrief  573  ‘on  ethical  standards  for  officials  of  the  federal  administrative  public 

services’. 

94   The Unit coordinates both the Federal Network of Integrity Coordinators across all ministries and the Network 
of Integrity Trusted Persons as an internal channel in relation to cases involving whistleblowers. The Centre 
for Integrity of the Federal Ombudsperson functions as the external reporting tool for civil servants in case of 
integrity breaches. Information received from the Unit for Integrity and Culture and the Ombudsperson in the 
context of the country visit to Belgium and written contribution from the Ombudsperson in the context of the 
country visit. See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 
6-7. 

95   Information received from the Ministry of Justice and the Unit for Integrity and Culture in the context of the 
country  visit  to  Belgium  and  Federal  Government,  Policy  note  on  public  administration  (2022), p. 16  and 
Federal Government, Policy note on public administration (2021), p. 5. 

96   Written information received from Belgium in the context of the country visit. 

11 

 
                                                 
Shortcomings  concerning  the  verification  and  transparency  of  asset  and  interest 
declarations remain. As noted in the 2020 and 2021 Rule of Law Reports97, the system of 
asset declarations does not ensure adequate verification and transparency, as the Court of Audit 
receives  the  declarations  in  sealed  envelopes  and  declarations  are  only  accessible  by 
investigating judges in the context of criminal investigations98. However, all persons required 
by law to submit a declaration of their mandates in 2021 complied with this requirement. The 
Court of Audit can transfer files to the prosecution and, since 2020, issue administrative fines 
if the prosecution does not take the file forward (either for those failing to file a mandate or 
asset  declaration  or  for  those  who  miss  the  legal  deadline)99.  Declarations  of  the  extra-
parliamentary mandates of members of Parliament to the Court of Audit are now also listed on 
the website of the Parliament100. Belgian authorities plan to start initial consultations between 
the executive and legislative branch to improve the asset and mandate declaration system101. A 
minor  revision  to  extend  the  scope  of  asset  and  mandate  declaration  to  district  mayors  and 
aldermen was approved by parliament in May 2022102. A number of other legislative initiatives 
on this topic remain pending in Parliament, although it remains unclear whether they would be 
able to collect a sufficient majority103.  

Consultations within Parliament are ongoing to modify the rules on gifts and benefits for 
members of the Federal House of Representatives. Shortcomings identified in previous Rule 
of Law Reports104 have not been addressed so far. In particular, the Parliament remains without 
clear and consistent rules on gifts and benefits. Consultations within the Parliament on possible 
changes to the rules on gifts and benefits are ongoing105, while the Government is expected to 
wait for the conclusion of parliamentary deliberations to  also  adjust rules for Ministers and 
their  Cabinets  in  relation  to  gifts  and  benefits106.  The  Parliament  addressed  the  Federal 
Deontological  Commission  twice  during  2021  with  requests  for  an  opinion  on  the  existing 
system  of  gifts  and  benefits  for  Members  of  Parliament107.  In  response,  the  Commission 
indicated in its advice that Parliament should set out concrete limits as to what constitutes a 

97   2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 8 and 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Belgium, p. 8. 

98   GRECO repeated the previous remarks (as mentioned in the 2021 Rule of Law report) from the Fifth Round 
Evaluation Report in its new compliance report. See GRECO, Fifth Evaluation Round – Compliance Report, 
Belgium, recommendations xii and xiii, paras 63-66.  

99   Court of Audit (2022), Court of Audit publishes mandate lists.  
100  Written contribution from the Federal House of Representatives in the context of the country visit. 
101  GRECO, Fourth Evaluation Round – Second Compliance Report, Belgium, para 23. 
102  See the legislative proposal ‘to amend the special legislation in relation to the mandate and asset declarations 
to extend the scope to district mayors and aldermen’ DOC 55-2297), which was adopted by the Senate on 25 
February 2022 and by the House of Representatives on 19 May 2022. 

103  Written  contribution  from  the  Federal  House  of  Representatives  in  the  context  of  the  country  visit.  See  in 
particular the legislative proposals ‘to amend the law of 2 May 1995 as regards the obligation for judges and 
civil servants of the public prosecutor's office to declare their mandates, offices and professions and declare 
assets’  DOC  55-0819)  and  ‘to  amend  the  special  law  of  2  May  1995  regarding  the  obligation  to  declare 
mandates, offices and professions and declare assets.’ DOC 55-1533).  

104  2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 8 and 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Belgium, p. 8. 

105  GRECO, Fourth Evaluation Round – Second Compliance Report, Belgium, paras 9-10 and 27.  
106  GRECO, Fifth Evaluation Round – Compliance Report, Belgium, recommendation x, paras 54-58.  
107  Information  received  from  the  Federal  Deontological  Commission  in  the  context  of  the  country  visit  to 
Belgium and Federal Deontological Commission (2021), Advice nr. 2021/3  on prevention of corruption for 
parliamentarians  (gifts)  and  Federal  Deontological  Commission  (2021),  Interpretative  Advice  2021/5  on 
prevention of corruption for parliamentarians (gifts).  

12 

 
                                                 
gift of symbolic value to provide clear guidance to Members of Parliament on these issues108. 
Concrete further steps in such a reform are to be decided by the Parliament. In the meantime, 
the function of the Federal Deontological Commission to offer individual advice to Members 
of Parliament on potential issues of conflict of interest remains sparsely used, with only three 
opinions  having  been  delivered  to  individual  members  since  the  Commission  started 
functioning in 2016109. 

The Government committed to extend the scope of lobbying legislation to all members of 
the Government and their cabinets, while the Parliament carries out a reform of existing 
legislation.  The  Government  has  committed  to  expanding  the  existing  parliamentary 
transparency  register  in  a  policy  note,  specifying  reforms  announced  in  the  2020  Coalition 
Agreement110. This reform would expand the existing parliamentary transparency register to 
cover the entire Government and all Cabinet Members in line with GRECO recommendations, 
after the Parliament has completed its evaluation of the existing legislation111. The House of 
Representatives  has,  in  the  meantime,  consulted  the  political  groups  and  discussed  a 
comparative  study  on  such  a  reform112.  Following  this,  a  legislative  initiative  aimed  at 
expanding  the  existing  legislation  on  lobbying  was  introduced  in  December  2021  and  is 
currently  under  discussion  in  Parliament,  with  the  Council  of  State  issuing  an  opinion  in 
February 2022113. The proposal would introduce a transparency register covering the Federal 
Parliament  and  the  Federal  Government,  and  introduce  a  legislative  footprint114  in  each 
legislative proposal115. This work could conclude by summer of 2022116. 

Gaps in the rules on ‘revolving doors’ remain, both as regards the scope of application of 
the existing rules and the lack of transitory restrictions. As reported in previous years117, 
while there are some rules in place on ‘revolving doors’ for members of Parliament and public 
officials,  shortcomings  remain  as  regards  rules  included  in  the  Code  of  Conduct  for  the 
members  of  the  Government  and  their  Cabinets118.  Should  the  Government  expand  the 
application of the Code of Conduct for public office holders to Cabinet members (see above), 
this would also expand the application of rules on revolving doors. Overall, however, there are 
no  clear  or  binding  rules  regarding  cooling-off  periods  or  transitory  restrictions  for  either 

108  Written contribution from the Federal Deontological Commission in the context of the country visit. 
109  Written contribution from the Federal Deontological Commission in the context of the country visit.  
110  2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 8-9 and 2021 Rule of 

Law Report, Country Chapter on the rule of law situation in Belgium, p. 8.  

111  Belgian Federal Government, Policy Note on Institutional reforms and democratic renewal, p. 8-9. 
112  Written contribution from the Prime Minister’s Office in the context of the country visit. 
113  Written  contribution  from  the  Ministry  of  Justice  in  the  context  of  the  country  visit  and  Federal  House  of 
Representatives (2022), Advice of the Council of State on the legislative proposal regarding the introduction 
of a transparency register and legislative footprint.  

114  A  legislative  footprint  is  a  comprehensive  public  record  of  lobbyists’  and  stakeholders’  contacts  with 

legislators on a specific piece of legislation.  

115  Federal  House  of  Representatives  (2021),  Legislative  proposal  55-2394  regarding  the  introduction  of  a 
transparency register and legislative footprint and Knack (2021), Soon legislative footprint in each legislative 
proposal – Vivaldi takes first steps towards increased transparency. 

116  Written contribution from the Prime Minister’s Office in the context of the country visit. 
117  2020 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 8-9 and 2021 Rule of 

Law Report, Country Chapter on the rule of law situation in Belgium, p. 8. 

118  The 

Code 

relinquish 
their  duties,  must  comply  with  the  obligations  arising  from  their  office,  in  particular  the  duties  of 
honesty and caution concerning acceptance of certain posts or gifts’. See GRECO, Fifth Evaluation Round 
– Evaluation Report, Belgium, recommendation x, para 89. 

Conduct 

‘when 

states 

they 

of 

13 

 
                                                 
ministers,  their  staff  or  members  of  Parliament119.  Any  work  on  such  reforms  remains  at  a 
preliminary  stage120.  No  further  developments  took  place  in  the  area  of  political  party 
financing, following amendments adopted in line with GRECO recommendations on foreign 
donors in 2021121. 

rules 

A revision of the legislative framework to strengthen whistleblower protection is foreseen. 
The  Government  coalition  agreement  announced  comprehensive 
to  protect 
whistleblowers, specifically indicating the protection of civil servants who report misconduct 
in good faith122, in order to align with the relevant EU Directive123. Two separate laws are under 
preparation, one for the private sector led by the Ministry of Economy and one for the public 
sector,  led  by  the  Federal  Public  Service  Policy  and  Support124.  The  existing  2013  law  on 
whistleblowers within the public administration serves as a basis125. Both an internal and an 
external reporting channel (the latter being, in most cases, the Federal Ombudsperson) would 
be  introduced126.  Timelines  for  adoptions  of  these  two  laws  remain,  however,  unclear.  A 
legislative  change  in  December  2021  updated  the  existing  whistleblowing  reporting  lines 
within the police, making the Committee P the main external channel of reporting for all police 
employees127.  

Corruption  risks  related  to  COVID-19  continue.  The  OCRC-CDBC  has  identified  new 
types  of  corruption-related  cases  linked  to  the  pandemic,  in  particular  related  to  fraud  and 
public procurement (of masks, personal protective equipment, etc.)128. In view of increasing 
transparency,  the  Court  of  Audit  created  an  interactive  dashboard  gathering  information  on 
governmental support measures for businesses and individuals in the context of the COVID-
19 crisis129.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In Belgium, the three linguistic and cultural Communities have relevant competences for media 
pluralism. Independent media regulatory authorities and a legal framework based on a set of 
constitutional safeguards, such as for the press and freedom of expression, aim to ensure media 
pluralism130.  

A  stable  regulatory  framework  ensures  the  independence  and  effective  functioning  of 
media  regulators  and  self-regulatory  bodies.  Since  the  transposition  of  the  revised 

119  Information received from the Federal Deontological Commission in the context of the country visit.  
120  Written contribution from the Prime Minister’s Office in the context of the country visit. 
121  2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 8. 
122  Belgian Federal Government (2020), Coalition program. 
123  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 
124  Information  received  from  the  Ombudsperson  and  the  Unit  for  Integrity  and  Culture  in  the  context  of  the 

country visit to Belgium and Input from Belgium for the 2022 Rule of Law Report, pp. 9-10. 

125  Information  received  from  the  Ombudsperson  and  the  Unit  for  Integrity  and  Culture  in  the  context  of  the 

country visit to Belgium. 

126  Minister  of  Economy  (2022),  Improved  Protection  for  Whistleblowers  and  information  received  from  the 

Ombudsperson and the Unit for Integrity and Culture in the context of the country visit to Belgium. 

127  Information  received  from  the  police  and  Committee  P  in  the  context  of  the  country  visit  and  input  from 

Belgium for the 2022 Rule of Law Report, pp. 9-10. 

128  Information received from the OCRC-CDBC in the context of the country visit to Belgium.  
129  See the COVID-19 platform of the Court of Audit. 
130  Belgium ranks 23rd in the 2022 Reporters without Borders World Press Freedom Index compared to 11th in 

the previous year. 

14 

 
                                                 
Audiovisual  Media  Services  Directive131,  the  regulatory  framework  of  the  regulators  of  the 
Flemish and French-speaking communities has remained stable, and their independence and 
financial resources are adequate132. The Media Regulatory Authority for the German-speaking 
community  has  been  provided  with  additional  budget  and  human  resources133.  The  two 
journalistic self-regulatory bodies active in the country134 are efficient and dynamic135. 

Media markets remain highly concentrated in all three linguistic communities. Belgium 
is  characterised  by  small  and  highly  concentrated  markets136.  Besides  the  significant 
concentration  of  the  Flemish  media  market137,  the  French-speaking  community  has 
experienced a recent increase in the concentration of its media market138. Four media outlets 
hold close to 100% of the Flemish and French-speaking markets and audience concentration 
shares, leading to high concentration indices in the relevant linguistic markets139. While the 
regulator  of  the  Flemish  community  can  only  map  concentrations  in  the  Flemish  media 
sector140,  the  regulator  of  the  French-speaking  community  has  the  power  to  monitor 
concentration  indices  and  take  regulatory  action  if  it  concludes  that  the  media  market 
concentration is too high141. The Belgian Competition Authority, although not legally required 
to  do  so,  has  traditionally  considered  media  pluralism  aspects  in  its  assessments  on 
concentrations  in  the  media  sector142.  Nevertheless,  a  lack  of  provisions  enabling  non-
economic threats in the assessment of media concentrations may hinder the ability of the media 
regulatory authorities to effectively address the potential risks posed to media pluralism by the 
high concentration rate of the media markets143.  

131  2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 9. 
132  Input from Belgium for the 2022 Rule of Law Report, p. 11, as confirmed by information given by the media 

regulators during the country visit.  

133  Input from Belgium for the 2022 Rule of Law Report, p. 11. 
134  The Journalistic Ethics Council (Conseil de déontologie journalistique), the self-regulatory media body for 
the French and German-speaking communities, and the Council for Journalism (Raad voor de Journalistiek), 
the self-regulatory media body for the Flemish community, 2021 Rule of Law Report, Country Chapter on the 
rule of law situation in Belgium p. 10; 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Belgium, p. 10.  

135  Both  the  Journalistic  Ethics  Council  and  the  Council  for  Journalism  play  a  significant  role  in  the  Media 
Councils in the Digital Age project, launched by the European Federation of Journalists and supported by the 
European Commission, contribution from the European Federation of Journalists for the 2022 Rule of Law 
Report, p. 10.  

136 2021 Media Pluralism Monitor, country report for Belgium, p. 7. 
137  Concerning classic media products, 80 to 100% of the market is in the hands of just five media groups: VRT, 
DPG Media, Mediahuis, Roularta and Telenet (De Vijver Media), Flemish Regulator for the Media (2021), 
English guide to the Flemish report on media concentration 2021, p. 12.  

138  RosselGroup and DPG Media have bought RTL Belgium, whereas IPM have bought a regional press group 
(EDA) and a private television (LN24), contribution from the European Federation of Journalists for the 2022 
Rule  of  Law  Report,  p.  11,  as  confirmed  by  information  from  the  Flemish  Press  Council  (Raad  voor  de 
Journalistiek) and the French-speaking Press Council (Conseil de déontologie journalistique) in the context 
of the country visit. 

139  2022 Media Pluralism Monitor, country report for Belgium, p. 13. 
140  Decree on radio and television broadcasting of 27 March 2009, art. 218(2)(8). 
141  French Community Act on Audiovisual Media Services and Video Platform Services, art. 2.2.1 and 2.2.3. 
142  2021 Media Pluralism Monitor, country report for Belgium, p. 17; 2022 Media Pluralism Monitor, country 

report for Belgium, p. 13. 

143  Contribution from the European Federation of Journalists for the 2022 Rule of Law Report, pp. 11-12. 

15 

 
                                                 
Well-established safeguards continue to ensure the independence of public service media. 
Three  public  service  broadcasters  cover  their  respective  communities144.  The  editorial 
independence  of  the  public  service  broadcasters  is  guaranteed  by  rules  on  impartiality  and 
independence from political parties. In all three linguistic communities, the mandate of director 
of a public service broadcaster cannot be combined with a political office, nor with a position 
in a press or media company145. A system of proportional representation of recognised political 
groups  when  appointing  the  members  of  Managing  and  Supervisory  Boards  enables  every 
elected political party in the respective Parliaments to also be represented in the Boards146. A 
recently adopted reform has further strengthened the independence of the Board of Directors 
of  the  Flemish  public  broadcaster  (VRT)  by  making  the  appointment  of  four  independent 
directors  to  the  Board  compulsory147.  The  Flemish  Government  also  appoints  a  community 
representative who is responsible for ensuring that the VRT abides by the relevant regulatory 
framework and the management agreements when carrying out its activities148. 

New  developments  might  lead  to  limitations  on  the  access  to  information  and  public 
documents. In transposing the Public Sector Information Directive149, the Flemish Parliament, 
on 1 June 2021, adopted the draft decree amending the Administrative Decree of 7 December 
2018  and  introduced  several  grounds  for  refusal,  which  might  affect  the  right  of  access  to 
information  and  to  public  documents.  In  particular,  stakeholders  have  highlighted  that  the 
possibility  for  administrative  authorities  to  refuse  disclosure  if  it  relates  to  ‘internal 
communication’ is prone to misinterpretation and could therefore result in restrictions of the 
access  to  information150.  Stakeholders  also  complain  that  requests  for  disclosure  of  official 
documents are not centralised and that the procedure is very lengthy. In case of refusal, appeal 
is  possible  at  the  Commission  for  Access  to  Public  Documents,  but  the  latter  only  has  an 
advisory  function.  Moreover,  at  federal  level,  the  ceasing  of  the  functioning  of  the  Federal 
Commission  for  Access  to  Administrative  Documents  (CADA)  since  September  2021  may 

144  Belgian  Radio-Television  of  the  French  Community,  RTBF  (Radio-Télévision  Belge  de  la  Communauté 
Française),  Flemish  Radio  and  Television  Organisation,  VRT  (Vlaamse  Radio  en  Televisieomroep),  and 
Belgian  Broadcasting,  BRF 
(Belgisches  Rundfunk-  und  Fernsehzentrum  der  Deutschsprachigen 
Gemeinschaft), European Audiovisual Observatory (2022), Governance and independence of public service 
media, p. 7.  

145 For the Flemish community, Decree on radio and television broadcasting of 27 March 2009, art. 12(2); for the 
French-speaking community, Decree on the Belgian Radio-Television of the French Community of 14 July 
1997, art. 12(1); In the German-speaking community, the director of the BRF is appointed through a public 
tender procedure, see Decree of 27 June 1986 on the Belgian Radio and Television Centre of the German-
speaking Community, art. 27. Furthermore, according to art. 107(2) of the Decree of 1 March 2021 on media 
services and film showings, staff members and members of the board of directors or management of the BRF 
cannot be a member of the Media Regulatory Authority.  

146  According to Art. 12(1) of the Decree on radio and television broadcasting of 27 March 2009, eight members 
of  the  board  of  directors  of  the  Flemish  public  broadcaster  are  appointed  by  taking  into  account  the 
proportionate representation of the political groups in the Flemish  Parliament. According to Art. 11(1) and 
21(2) of the Decree on the Belgian Radio and Television of the French Community of 14 July 1997, the 13 
directors of the managing board and the political figures in the regional advisory commissions are elected by 
applying the system of proportional representation of the political group recognised by the Parliament of the 
French-speaking Community.  

147  Decree on radio and television broadcasting of 27 March 2009, art. 12(1) as amended by the amending Decree 

of 4 February 2022. 

148  Decree on radio and television broadcasting of 27 March 2009, art. 30(1). 
149  Directive (EU) 2019/1024 on open data and the re-use of public sector information.  
150  As stated by the Flemish journalists’ union (VVJ) in an open letter, this would particularly happen if, after 
consideration, it appears that the protected interest (particularly internal decision-making) outweighs the public 
interest served by the disclosure, Flemish journalists’ union (2021), Open letter VVJ to the Flemish legislator 
about amendments to the administrative decree regarding the openness of administration. 

16 

 
                                                 
make  it  more  difficult  for  citizens  to  flag  difficulties  in  consulting  or  obtaining  copies  of 
administrative  documents.151  The  above  developments  strengthen  the  indications  from  the 
2021 Rule of Law Report regarding the need to improve the rules on access to Government-
held information to adequately address the shortcomings as regards right to information.152 

Ensuring the security of journalists is increasingly a point of concern. As pointed out in 
the  2021  Rule  of  Law  Report,  the  safety  of  journalists  continues  to  be  an  issue  gaining 
importance  in  Belgium153.  An  increasing  number  of  journalists  have  experienced  cyber-
harassment or intimidations when covering outside demonstrations and events.154. In 2021 and 
early 2022, several  alerts on the Council of Europe’s Platform to promote the protection of 
journalism  and  safety  of  journalists155  and  on  the  Mapping  Media  Freedom  platform156 
recorded cases of SLAPPs or defamation lawsuits asking for disproportionate damages, online 
threats or physical assaults against journalists. According to data gathered by the  Reporting 
Centre of the Flemish Journalists’ Union157, approximately 15 alerts were reported each year, 
with  an  increase  of  incidents  against  journalists  recorded  in  2021  and  early  2022158. 
Stakeholders have also reported cases of complaints filed against police officers seizing and 
erasing journalistic material or arresting journalists who were reporting on demonstrations and 
police interventions159. The legal safeguards in place are nevertheless robust and the complaints 
are  usually  successful  in  court160.  The  Federal  Government  is  also  taking  steps  to  review 
legislation in order to effectively prosecute and adjudicate instances of hate speech in audio-
visual media161. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Belgium  is  a  federal  state  with  significant  powers  residing  at  the  level  of  the  Regions  and 
Communities.  At  the  federal  level,  Belgium  has  a  bicameral  parliamentary  system.  The 
Parliament is composed of the House of Representatives and the Senate. Legislative proposals 

151  Written contribution from the Civil Liberties Union for Europe in the context of the country visit, p. 60. 
152  2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 11. 
153  2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 11. 
154  Contribution  from  CIVICUS  for  the  2022  Rule  of  Law  Report,  p.  18;  Contribution  from  the  European 

Federation of Journalists for the 2022 Rule of Law Report, p. 12. 

155  Council of Europe, Platform to promote the protection of journalism and safety of journalists - Belgium. 
156  Mapping Media Freedom (2021), country profile Belgium.  
157  In  early  2019,  the  Flemish  journalists’  union  set  up  the  Aggression  against  Journalists  Hotline,  a  specific 
reporting  point  for  cases  of  aggression  towards  journalists  in  Flanders,  contribution  from  the  European 
Federation of Journalists for the 2022 Rule of Law Report, p. 13.  

158  In 2021, 19 reports were recorded, increasing to 52 the total number of reports since the establishment of the 
Reporting Centre in 2019. Contribution from the European Federation of Journalists for the 2022 Rule of Law 
Report, p. 12; Vlaamse Vereniging van Journalisten (2022), ‘Contact point aggression against journalists: a 
new state of affairs’, as confirmed by information received from EFJ in the context of the country visit. 
159  Contribution from CIVICUS for the 2022 Rule of Law Report, p. 18; Written contribution from Civil Liberties 

Union for Europe in the context of the country visit, p. 58.  

160  For example, in December 2021 a Brussel civil court stated that the arrest of two journalists covering a peaceful 
demonstration was ‘a clear violation of the fundamental right to freedom of expression of journalists’, written 
contribution  from Civil Liberties Union for Europe in the  context of the country  visit,  pp. 58-59. See also 
https://journalist.be/2021/01/politie-mag-perscamera-niet-in-beslag-nemen. 

161  Because  of the current  wording of  Article 150 of the Belgian Constitution, hate speech although in theory 
punishable,  is  practically  almost  never  prosecuted,  as  it  requires  trial  by  a  jury.  The  Ministry  of  Justice 
expressed the willingness to amend Article 150 Constitution so as to ensure that cases of hate speech, including 
against journalists, can be brought before criminal courts and effectively prosecuted and adjudicated. A two-
thirds majority in the Parliament would be necessary to amend the Constitution, VRT NWS (2021), Minister 
Van Quickenborne wants to make prosecution for hate speech easier. 

17 

 
                                                 
can originate from the Government and from Members of both Houses of Parliament162. The 
advisory  branch  of  the  Council  of  State  provides  opinions  on  draft  legislation.  The 
Constitutional Court is competent to review legislative acts adopted by the Federal Parliament 
and  by  the  Parliaments  of  the  Regions  and  Communities.  In  addition  to  the  justice  system, 
independent authorities play an important role in checks and balances. 

The application of the ‘pandemic law’ has been ‘deactivated’. In March 2022, the Federal 
Parliament  ended  the  state  of  epidemic  emergency  under  the  pandemic  law163.  The  law 
provides that the Government can declare the state of epidemic emergency by royal decree, 
which has to be confirmed by Parliament within 15 days. Under the ‘pandemic law', emergency 
measures are adopted by royal  decree, except  in cases of ‘imminent danger’, in  which case 
measures can be adopted by ministerial decree. While the law provided an increased role for 
the Parliament in terms of ongoing scrutiny, parliamentary confirmation is required only for 
the declaration and prolongation of the state of epidemic. The courts also remained active in 
their scrutiny of COVID-19 related measures throughout 2021 and 2022164, and requests for 
annulment of the ‘pandemic law’ are pending before the Constitutional Court.  

The Federal Human Rights Institute (FIRM/IFDH) has taken an active role  during its 
first year of activity165.  In particular, the Institute has issued numerous opinions and made 
recommendations on important topics subject to societal debate166. The strategic plan of the 
FIRM/IFDH  mentions  the  intention  to  work  towards  a  possible  cooperation  agreement 
extending  its  competence  to  non-federal  levels,  as  laid  down  in  the  law  establishing  the 
FIRM/IFDH167. To ensure its effective functioning, further expansion of its activity or mandate, 
such  as  a  competence  to  handle  individual  complaints,  would  need  to  be  accompanied  by 
matching  additional  resources.  In  parallel,  the  Flemish  Government  has  announced  the 
establishment of a separate Flemish Human Rights Institute168, given its withdrawal from the 
national  equality  and  anti-discrimination  institution  Unia  in  2023169.  While the  objective  of 
establishing  an  institute  aiming  to  be  accredited  with  A-status  by  GANHRI170  can  be 

162  The Senate can only propose legislation in certain fields. 
163  Law on measures of administrative police during an epidemic emergency situation. The law was adopted in 

July 2021 to provide a new legal basis for pandemic emergency measures.  

164  See for example the judgments of the Supreme Court on the validity of a royal decree providing for special 
grounds  for  suspension  of  the  limitation  period  for  criminal  proceedings  in  the  context  of  the  pandemic 
(judgment P.20.1346.N of 13 April 2021) and on measures prohibiting gatherings without reason on public 
roads  in  order  to  limit  the  spread  of  COVID-19  (judgments  P.21.1129.N  of  28  September  2021  and 
P.21.0931.F of 10 November 2021) decision of the Council of State suspending the closure of the cultural 
sector (ruling 252.564 of 28 December 2021) and the ruling of the Constitutional Court regarding the Covid 
Safe Ticket (ruling 10/2022 of 20 January 2022, ECLI:BE:GHCC:2022:ARR.010). 

165  See  also  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Belgium,  p.  13.  The 
FIRM/IFDH intends to increase its monitoring of the follow-up given to its recommendations in the coming 
years. 

166  For  example,  on  mandatory  vaccination  in  the  context  of  the  COVID-19  pandemic.  FIRM/IFDH,  Advice 
6/2022  of  21  March  2022  on  the  draft  law  on  mandatory  vaccination  against  COVID-19  of  healthcare 
professionals. 

167  See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 13. 
168  The new institute will have a mandate to protect all human rights within the sphere of Flanders’ competences. 

Input from Belgium for the 2022 Rule of Law Report. 

169  Input  from  Belgium  for  the  2022  Rule  of  Law  Report.  The  independent  national  equality  and  anti-
discrimination institution Unia has inter-federal competence and is accredited with B-status by GANHRI.  

170  The Global Alliance of National Human Rights Institutions.  

18 

 
                                                 
welcomed, some concerns exist regarding potential further fragmentation of the landscape for 
fundamental rights protection171. 

Independent institutions play an important role for safeguarding fundamental rights, and 
a rationalisation exercise is ongoing to foster their efficient functioning. A rationalisation 
exercise  is  ongoing  regarding  the  administrative  functioning  of  institutions  that  receive  an 
endowment from Parliament, including the Federal Ombudsman172, the FIRM/IFDH, and the 
High  Council  for  Justice.  This  initiative,  which  aims  to  generate  additional  funding  and 
efficiency gains, is to be welcomed  against a background of independent  institutions facing 
certain challenges as regards the resources at their disposal173. The latter is also the case for the 
Council of State and the Constitutional Court, who continue to play an important role in the 
system of checks and balances. Certain challenges remain as regards the human and financial 
resources available to them174, even if some improvements were made in recent years.  

On 1 January 2022, Belgium had 21 leading judgments of the European Court of Human 
Rights pending implementation175. At that time, Belgium’s rate of leading judgments from 
the past 10 years that remained pending was at 49%, and the average time that the judgments 
had been pending implementation was 3 years and 3 months176. The oldest leading judgment, 
pending implementation for 13 years, concerns the excessive length of civil proceedings at first 
instance level177. On 1 July 2022, the number of leading judgments pending implementation 
has decreased to 20178. 

Initiatives are ongoing to further develop cooperation with the Government, whilst the 
landscape for  civil  society  organisations  has  been  reported  as  narrowed.  CIVICUS  has 
downgraded  the  status  of  the  civil  society  landscape  from  open  to  narrowed179,  due  to 
limitations imposed and police force used in 2021 relating to the right to protest180. As regards 
cooperation with civil society organisations, the Government involved them in discussions on 

171  See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, p. 13. FIRM/IFDH 
frequently cooperates with other relevant bodies for fundamental rights protection, such as Unia or Myria, the 
Federal Migration Centre.  

172  The independent Federal Ombudsman has issued 16 recommendations in the period of 2020-2021, of which 

three were addressed to the Parliament and 13 to the federal authorities. 

173  Information received in the context of the country visit to Belgium. 
174  Information received in the context of the country visit to Belgium. See also Constitutional Court, Court of 

Cassation, and Council of State (2019), Joint Memorandum. 

175  The adoption of necessary execution  measures  for a  judgment by the  European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

176  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2022. See the contribution from the European 
Implementation Network for the 2022 Rule of Law Report, p. 28.  

177  Judgment of the European Court of Human Rights of 4 November 2008, Bell v. Belgium, 44826/05, pending 

implementation since 2009. See also above, under I. Justice System.  
178 Data according to the online database of the Council of Europe (HUDOC). 
179  Rating  given  by  CIVICUS;  ratings  are  on  a  five-category  scale  defined  as:  open,  narrowed,  obstructed, 

repressed and closed. 

180  Contribution  from  CIVICUS  for the 2022 Rule of Law Report; Information  received in  the context of the 

country visit to Belgium corroborates these views.  

19 

 
                                                 
the future of international development cooperation181. For the Brussels-Capital Region, a draft 
law on the organisational framework of the Economic and Social Council aiming to reinforce 
the  consultation  of  civil  society  organisations  on  future  draft  legislation  was  adopted  in 
December 2021. Finally, litigation by civil society organisations led to courts ruling against 
the State in several high-profile court cases relating to the environment182.  

A  comprehensive  online  citizen  consultation  will  feed  into  the  envisaged  new  State 
reform183. During a six-week period from 25 April until 5 June 2022, citizens, civil society, 
academia,  and  local  authorities  were  consulted  on  an  envisaged  State  reform184.  The 
consultation focused on six thematic topics, including the functioning of the Government and 
Parliament,  the  Belgian  state  structure,  and  the  division  of  competences  between  different 
levels  of  Government.  The  results  of  this  consultation  will  be  taken  into  account  in  the 
preparations of a potential new State reform185. 

181  Franet (2022), Country research – Legal environment and space of civil society organisations in supporting 

fundamental rights – Belgium.  

182  Brussels French-speaking first instance court, judgment of 17 June 2021, and Brussels appeal court, ruling of 
14 December 2021. The cases were brought by environmental NGOs against several Belgian governments for 
failure to meet their climate obligations, including on CO2 reductions. The judgment of 17 June 2021 has been 
appealed.  

183  See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 12-13.  
184  See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Belgium, pp. 12-13.  
185  This consultation process is intended to feed into preparations by 2024 of a potential new State reform.  

20 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en. 

Belgian  Constitutional  Court,  Court  of  Cassation  and  Council  of  State  (2019),  Joint  Memorandum 
(Gemeenschappelijk 
http://www.raadvst-
hoogste 
consetat.be/?page=news&lang=nl&newsitem=564. 

rechtscolleges) 

memorandum 

Belgian  Constitutional  Court 
ECLI:BE:GHCC:2022:ARR.010. 

(2022), 

judgment  of  20  January  2022, 

ruling  10/2022, 

Belgian 
https://www.belgium.be/sites/default/files/Regeerakkoord_2020.pdf. 

Government 

Coalition 

Federal 

(2020), 

program 

(Regeerakkoord) 

Belgian  Federal  Government  (2021),  Policy  Note  on  Institutional  reforms  and  democratic  renewal, 
DOC 55 2294/020 https://www.lachambre.be/FLWB/PDF/55/2294/55K2294020.pdf. 

Belgian Federal Government (2022), Input from Belgium for the 2022 Rule of Law Report. 

Belgian Supreme Court (2021), judgment of 13 April 2021, P.20.1346.N. 

Belgian Supreme Court (2021), judgment of 28 September 2021, P.21.1129.N.  

Belgian Supreme Court (2021), judgment of 10 November 2021, P.21.0931.F. 

Brussels appeal court, Ruling of 14 December 2021.  

Brussels French-speaking first instance court, Judgment of 17 June 2021. 

Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021 - country report 
on Belgium. 

Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 - country report 
on Belgium. 

Civicus (2022), Contribution from CIVICUS for the 2022 Rule of Law Report. 

Civicus, Monitor tracking civic space – Belgium https://monitor.civicus.org/country/belgium/.  

Civil Liberties Union for Europe (2022), Written contribution from the Civil Liberties Union for Europe 
for the 2022 Rule of Law Report in the context of the country visit. 

Committee  P  (2021),  Investigation  Report  on  potential  integrity  violations  at  the  Airport  Police 
https://comitep.be/document/onderzoeksrapporten/Leiderschap%20en%20integriteit%20bij%20de%2
0luchtvaartpolitie.pdf. 

Committee P, Leadership and integrity in the airport police forces (Leiderschap en integriteit in de  

Luchtvaartpolitie)  
https://comitep.be/document/onderzoeksrapporten/Leiderschap%20en%20integriteit%20bij%20de%2
0luchtvaartpolitie.pdf. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Committee of Ministers (2021),  Interim Resolution CM/ResDH(2021)103 of the 
Committee of Ministers. 

21 

 
Council of Europe, Platform to promote the protection of journalism and safety of journalists – Belgium 
https://www.coe.int/en/web/media-freedom/belgium. 

Council of the European Union (2021), Annex to the Council Implementing Decision on the approval 
of the assessment of the recovery and resilience plan for Belgium.  

Council of State (2021), decision of 28 December 2021, ruling 252.564.  

Court 
https://www.ccrek.be/NL/Mandaten/Bezoeker.html. 

(2022), 

Court 

Audit 

of 

of 

Audit 

publishes 

mandate 

lists 

De  Standaard  (2019),  Understaffed  and  no  leadership:  fight  against  corruption  is  swaying  tanker 
(Onderbemand  en  geen 
scheepstanker) 
https://www.standaard.be/cnt/dmf20190514_04400141. 

tegen  corruptie 

zwalpende 

leiding: 

strijd 

is 

De Standaard (2022), ‘“The money is gone. Too many budget cuts” Cry for help from chief of Federal 
Police’ (‘“Het geld is op. Er is te veel gesneden”: Noodkreet van de baas van de federale politie’) 
https://www.standaard.be/cnt/dmf20220410_97735316. 

Directive (EU) 2019/1024 on open data and the re-use of public sector information. 

Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 

Directorate-General  for  Communication  (2019),  Flash  Eurobarometer  482:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2020), Special Eurobarometer 502: corruption. 

Directorate-General  for  Communication  (2022),  Flash  Eurobarometer  507:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2022), Special Eurobarometer 523: corruption. 

Eubelius (2018), New legal framework on out of court settlements (Nieuw wetgevend kader over de 
minnelijke 
https://www.eubelius.com/nl/nieuws/nieuw-wetgevend-kader-voor-de-
minnelijke-schikking-0.  

schikking) 

European  Audiovisual  Observatory  (2022),  Governance  and  independence  of  public  service  media 
https://rm.coe.int/iris-plus-2022en1-governance-and-independence-of-public-service-
media/1680a59a76?msclkid=fc1e9109c0c411ec8f330a412bc43d0c. 

European Commission (2020), 2020 Rule of Law report. Country Chapter on the rule of law situation 
in Belgium. 

European Commission (2021), 2021 Rule of Law report. Country Chapter on the rule of law situation 
in Belgium. 

European Commission (2022), EU Justice Scoreboard. 

European Court of Human Rights, judgment of 4 November 2008, Bell v. Belgium, 44826/05. 

European Implementation Network (2022), Contribution from the European Implementation Network 
for the 2022 Rule of Law Report. 

European Federation of Journalists (2022), Contribution from the European Association of Judges for 
the 2022 Rule of Law Report. 

Franet, Vrije  Universiteit Brussel  (2022),  Country  research  –  Legal  environment  and  space  of  civil 
society organisations in supporting fundamental rights – Belgium, Vienna, EU Agency for Fundamental 
Rights, https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-related.  

22 

 
Federal House of Representatives (2020), Legal proposal 55-1497/001 on the review of some elements 
of  the  statute  of  police  services  to  introduce  an  institutionalised  integrity  check  at  the  moment  of 
promotion https://www.dekamer.be/FLWB/PDF/55/1497/55K1497001.pdf. 

Federal House of Representatives (2021), Legislative proposal 55-2394 regarding the introduction of 
a 
footprint 
https://www.dekamer.be/FLWB/PDF/55/2394/55K2394001.pdf. 

transparency 

legislative 

register 

and 

Federal House of Representatives (2022),  Advice of the Council of State on the legislative proposal 
regarding 
footprint 
transparency 
https://www.lachambre.be/FLWB/PDF/55/2394/55K2394002.pdf. 

introduction 

legislative 

register 

and 

the 

of 

a 

Federal House of Representatives (2022), Commission on the Constitution and Institutional Renewal of 
16 March 2022 https://www.dekamer.be/doc/CCRA/pdf/55/ac725.pdf.  

Federal House of Representatives (2022), Joint Session of Committee on Interior and Justice, Hearing 
55U2867 
Police, 
the 
on 
https://www.dekamer.be/media/index.html?language=nl&sid=55U2867. 

11/05/2022, 

Situation 

Judicial 

Federal 

the 

of 

Federal House of Representatives, Legislative Proposal to amend the law of 2 May 1995 as regards the 
obligation  for  judges  and  civil  servants  of  the  public  prosecutor's  office  to  declare  their  mandates, 
offices and professions and declare assets, DOC 55-0819. 

Federal House of Representatives, Legislative Proposal to amend the special legislation in relation to 
the mandate and asset declarations to extend the scope to district mayors and aldermen, DOC 55-2297. 

Federal  House  of  Representatives,  Legislative  Proposal  to  amend  the  special  law  of  2  May  1995 
regarding the obligation to declare mandates, offices and professions and declare assets, DOC 55-
1533. 

Federal House of Representatives, Special legislative proposal to change the legislation in relation to 
the  mandate  and  asset  declarations  as  regards  district  mayors  and  aldermen,  proceedings  in 
Committee, 2297/006, 9 May 2022 https://www.dekamer.be/flwb/pdf/55/2297/55K2297006.pdf.  

Federal  Deontological  Commission  (2021),  Advice  nr.  2021/3  on  prevention  of  corruption  for 
parliamentarians  (gifts)  https://www.fed-deontologie.be/wp-content/uploads/2021/09/Advies-2021-
3.pdf.  

Federal Deontological Commission (2021), Interpretative Advice 2021/5 on prevention of corruption 
for 
https://www.fed-deontologie.be/wp-
content/uploads/2021/12/Interpretatief-advies-2021-5.pdf.  

parliamentarians 

(gifts) 

Federal  Deontological  Commission  (2022),  Written  contribution  from  the  Federal  Deontological 
Commission in the context of the country visit. 

Government 

administration 
Federal 
https://fedweb.belgium.be/sites/default/files/downloads/20211029_note_de_politique_beleidsnota_De
Sutter.pdf.  

(2022), 

Policy 

public 

note 

on 

Federal 
https://fedweb.belgium.be/sites/default/files/downloads/Ambtenarenzaken_NL.pdf. 

Government 

(2021), 

Policy 

public 

note 

on 

administration 

Federal  House  of  Representatives  (2022),  Written  contribution  from  the  Federal  House  of 
Representatives in the context of the country visit. 

23 

 
(2022), 
Federal  Minister 
https://dermagne.belgium.be/nl/een-betere-bescherming-voor-klokkenluiders-belgi%C3%AB. 

Improved  Protection 

of  Economy 

for  Whistleblowers 

Federal Minister of Finance, Minister Van Peteghem launches action plan in the fight against fiscal and 
https://vanpeteghem.belgium.be/nl/minister-van-peteghem-lanceert-actieplan-strijd-
social 
tegen-fiscale-en-sociale-fraude. 

fraud 

Federal Ministerial Council (2022), Framework Note on National Security Plan (Kadernota Integrale 
Veiligheid en Nationaal Veiligheidsplan) https://news.belgium.be/nl/kadernota-integrale-veiligheid-en-
nationaal-veiligheidsplan. 

Federal Ministry of Finance (2022), Written contribution from the Ministry of Finance in the context of 
the country visit. 

Federal  Ministry of Justice (2022), Written contribution from the Ministry of Justice in the context of 
the country visit. 

Federal  Ministry 
https://www.besafe.be/nl/veiligheidsthemas/staten-generaal-van-de-politie/staten-generaal-van-de-
politie. 

Staten-Generaal/Etats-Generaux 

Interior, 

the 

the 

of 

of 

Police 

Federal  Ombudsperson  (2022),  Written  contribution  from  the  Ombudsperson  in  the  context  of  the 
country visit. 

Federal Police (2021), Permanent Note, Integrity Policy in the Federal Police.  

Federal Police (2022), An integrated police who renews, improves and anchors its approach against 
insecurity  (Een  Geïntegreerde  Politie  die  haar  aanpak  van  onveiligheid  vernieuwt,  verbetert  en 
verankert) 
https://www.politie.be/5998/nl/nieuws/een-geintegreerde-politie-die-haar-aanpak-van-
onveiligheid-vernieuwt-verbetert-en-verankert. 

Federal 
https://jaarverslag.federalepolitie.be/organisatie/ons-budget/. 

(2021), 

Annual 

Police 

Report 

2020, 

Our 

budget 

FIRM/IFDH  (2022),  Advice  6/2022  of  21  March  2022  on  the  draft  law  on  mandatory  vaccination 
against COVID-19 of healthcare professionals  (Projet de loi relatif à la vaccination obligatoire des 
professionnels 
COVID-19) 
https://federalinstitutehumanrights.be/en/publications/le-projet-de-loi-sur-la-vaccination-obligatoire-
dans-les-services-de-sante. 

contre 

santé 

soins 

de 

de 

la 

Flemish Regulator for the Media, English guide to the Flemish report on media concentration 2021 
https://www.vlaamseregulatormedia.be/sites/default/files/english_guide_to_the_2021_version_of_the
_report.pdf.  

GRECO (2020), Fifth Evaluation Round – Evaluation Report on Belgium on preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies.  

GRECO (2021), Fourth Evaluation Round – Evaluation Report on Belgium on Corruption prevention 
in 
of 
of 
parliament, judges and prosecutors. 

members 

respect 

GRECO (2021),  Fourth Evaluation Round  – Second Compliance Report on Belgium on  Corruption 
prevention 
of 
parliament, judges and prosecutors. 

members 

respect 

of 

in 

24 

 
GRECO (2022), Fifth Evaluation Round – Compliance Report on Belgium on preventing corruption 
and promoting integrity in central governments (top executive functions) and law enforcement agencies. 

(‘Afkoopwet 

Het Laatste Nieuws (2021), ‘Out-of-court settlements brought nearly 1 billion euro into treasury since 
schatkist’) 
in 
2011’ 
https://www.hln.be/binnenland/afkoopwet-bracht-sinds-2011-bijna-miljard-euro-in-
schatkist~a1836897/.  

bijna  miljard 

bracht 

sinds 

2011 

euro 

de 

Het Nieuwsblad (2022), ‘Justice system in Brussels leaves aside one in five fraud files: “By necessity”’ 
(‘Brussels  gerecht 
fraudedossiers  ongemoeid:  “Noodgedwongen”’) 
https://www.nieuwsblad.be/cnt/dmf20220329_91698107.  

laat  een  op  de  vijf 

High Council for Justice (2021), Advice on draft legislation introducing several provisions relating to 
the organisation of justice II. 

High Council for Justice (2021),  The COVID-19 crisis: Impact on litigants and the approach of the 
judiciary. 

High Council for Justice (2022), Written contribution from the High Council for Justice in the context 
of the country visit. 

Knack (2021), ‘Soon legislative footprint in each legislative proposal – Vivaldi takes first steps towards 
increased transparency’ (‘Voortaan lobbyparagraaf in elk wetsvoorstel – Vivaldi zet stapjes richting 
meer 
https://www.knack.be/nieuws/belgie/voortaan-lobbyparagraaf-in-elk-
wetsvoorstel-vivaldi-zet-stapjes-richting-meer-transparantie/article-news-
1786981.html?cookie_check=1649063270. 

transparentie’) 

Law of 18 March 2018 on Diverse changes to the Criminal Code, Criminal Procedure Code and Judicial 
Law (Wet houdende wijzigingen van diverse bepalingen van het strafrecht, de strafvordering en het 
gerechtelijk recht) https://etaamb.openjustice.be/nl/wet-van-18-maart-2018_n2018011394.  

Mapping  Media  Freedom,  country  profile  Belgium  https://www.mappingmediafreedom.org/country-
profiles/belgium/. 

(2018),  Anti-Bribery  Convention,  Additional 

OECD 
https://one.oecd.org/document/DAF/WGB(2018)31/en/pdf.  

follow-up 

to  Phase  3 

report 

Prime Minister’s Office (2022), Written contribution from the Prime Minister’s Office in the context of 
the country visit. 

Prosecution  Service (2022),  Written  contribution  from  the  Prosecution  Service in  the context  of the 
country visit. 

Reporters without Borders – Belgium https://rsf.org/en/country/belgium.  

Service  of  the  Administrative  Law  Courts  (2020),  Annual  Report  2019-2020  (Jaarverslagen  2019-
2020) https://www.dbrc.be/sites/default/files/2021-08/DBRC-jaarverslag-2019-2020.pdf. 

Social Intelligence and Investigation Departement (Sociale Inlichtingen en Opsporingsdienst, SIOD), 
(Actieplan  Sociale  Fraudebestrijding) 
Action  Plan 
https://www.siod.belgie.be/sites/default/files/Downloads/Actieplan/SIOD_Actieplan_2021_NL_Def.p
df.  

against  Social  Fraud  2021 

fight 

Transparency International (2022), Corruption Perceptions Index 2021.  

25 

 
Trends, Prosecution goes after DEME for millions of kickbacks (Parket viseert DEME voor miljoenen 
smeergeld) 
https://trends.knack.be/economie/bedrijven/parket-viseert-deme-voor-miljoenen-
smeergeld/article-news-1718737.html.  

Van Besien, D. (2021), Penal Transaction Law leads to double standards (Afkoopwet zorgt voor twee 
maten en twee gewichten) https://www.dietervanbesien.be/fraudeafkoopwet. 

Vlaamse Vereniging van Journalisten (2022), ‘Contact point aggression against journalists: a new state 
zaken’) 
of  affairs’ 
https://journalist.be/2022/01/meldpunt-agressie-tegen-journalisten-een-nieuwe-stand-van-zaken-2. 

journalisten:  een  nieuwe 

(‘Meldpunt  agressie 

stand  van 

tegen 

Vlaamse  Vereniging  van  Journalisten  (2021),  Open  letter  VVJ  to  the  Flemish  legislator  about 
amendments to the administrative decree with regarding the openness of administration (Open brief 
VVJ  aan  de  vlaamse  etgever  over  wijzigingen  aan  het  bestuursdecreet  m.b.t.  de  openbaarheid  van 
bestuur)  https://journalist.be/2021/06/open-brief-vvj-aan-de-vlaamse-wetgever-over-wijzigingen-aan-
het-bestuursdecreet-m-b-t-de-openbaarheid-van-bestuur.  

VRT  NWS  (2021)  Minister  Van  Quickenborne  wants  to  make  prosecution  for  hate  speech  easier 
(Minister  Van  Quickenborne  wil 
speech  gemakkelijker  maken) 
https://www.vrt.be/vrtnws/nl/2021/03/11/van-quickenborne-open-vld-wil-vervolging-bij-hate-speech-
gemak/.  

vervolging  bij  hate 

VRT NWS (2022), 1 year SkyECC (1 jaar SkyECC) https://www.vrt.be/vrtnws/nl/2022/03/09/1-jaar-
sky-ecc/. 

26 

 
 
Annex II: Country visit to Belgium 

The Commission services held virtual meetings in March, April, and May 2022 with: 

  Central Office for the Repression of Corruption 
  College of Courts and Tribunals 
  Committee P 
  Constitutional Court 
  Council of State 
  Court of Cassation  
  Federal Deontological Commission 
  Federal Institute for Human Rights 
  Federal Ombudsman 
  Flemish Bar Association 
  Flemish Media Regulator 
  French- and German-speaking Order of the Belgian Bar 
  High Council for Justice 
  High Council for the Audiovisual 
 
  League for Human Rights (Liga voor Mensenrechten) 
  League for Human Rights (Ligue des Droits Humains) 
  Media Council for the German-speaking Community 
  Ministry of the Interior 
  Ministry of Justice 
  Prosecution Service 
  Public Service Media 
  Service of the Administrative Law Courts 
  Transparency International Belgium 
  Unit for Integrity and Culture  

Journalistic Ethics Council 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute ( OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 
  Reporters Without Borders 
  Transparency International Europe 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

27